Council powerless to ban Loyalist and Republican marches orders review that could change Scots law

Govan was one of four parts of Glasgow to hold parades last weekend (Image: Daily Record)

Sign up to FREE email alerts from Daily Record - daily

When you subscribe we will use the information you provide to send you these newsletters. Sometimes they’ll include recommendations for other related newsletters or services we offer. OurPrivacy Noticeexplains more about how we use your data, and your rights. You can unsubscribe at any time.

The City Administration Committee is being asked to approve the membership of a working group to be led by a senior SNP councillor and include members of all four political parties.

After the violent scenes last month, followed by more disturbances at two parades in the city centre this month, pressure has been growing for greater powers to limit or even prohibit marches.

Iain Livingstone, chief constable of Police Scotland, has said the cost of policing parades and counter protests in recent weeks was "not sustainable".

Council leader Susan Aitken said the right to march is not an absolute right and public safety has to be considered if it is at threat of being compromised by anti-social behaviour and violence.

In a report to councillors, Cllr Aitken said: "While the right to process and march is protected under Article 11 of the European Convention of Human Rights in relation to the right of freedom of assembly and of association, this is not an absolute right and proportionate restrictions may be placed on the exercise of these rights by law in the interests of national security or public safety, for the prevention of disorder or crime."

Read More

Related Articles

Ms Aitken said there would be no moratorium on parades in the meantime but that the council would instead continue to "scrutinise every notification" for a parade.

She said: "Each procession must be looked at in its own merits, with case law demonstrating that the council has a duty to remain impartial and neutral.

"Given recent events however, it is considered that a more fundamental review of the policy and the code of conduct, including current and potential legislative powers, is required to look at the balancing of the rights of assembly with issues such as disruption to the community, including those living, working and visiting there, disruption to businesses, anti-social behaviour, violence, public and resident safety, and cost."

A review was already under way to look at the impact parades had on communities but did not involve elected councillors.

A Glasgow City Council spokesman said: "A report setting out proposals for a cross-party group, requested at a meeting of the council on September 12, will go before members on Thursday.

"The paper also confirms that the council has received legal advice that, under current legislation, there is no legal basis on which the council could impose a moratorium on processions."